Castro (plaintiff) worked for the Local 1199, National Health & Human Services Employees Union (Union) (defendant). Upon returning from an extended disability leave, Castro was not given her typical assignments. At a meeting with Castro’s boss and Steve Frankel, Castro raised the issue, asking why she had not gotten her usual assignments. Frankel yelled at Castro, stating: “If I was you, I would take whatever they give me, because you could lose more than your job.” Frankel was visibly angry when yelling this and was slamming the table and moving his chair closer to Castro. Castro responded: “Are you threatening my life?” Frankel responded: “Take it any way you want.” Castro brought a civil suit against the Union and Frankel for assault. Frankel filed a motion for summary judgment.